Regulatory Framework For Business Transactions (RFBT) CEGG Practice Exam

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Who may call on the SEC to appoint a trustee when there is no BOD/BOT?
Correct Answer:
Creditors may ask the SEC to appoint them as trustee
Explanation:
When there is no board or governance body to run the company, a neutral manager is needed to protect assets and keep affairs orderly. The law gives the SEC the authority to appoint a trustee (a receiver or manager) to take charge in this situation. Creditors have standing to seek this intervention because they have a financial stake in the company and a strong interest in preserving the estate and ensuring that obligations are handled properly. A petition from creditors helps ensure there is someone capable and independent to manage the company’s affairs, collect assets, and oversee liquidation or rehabilitation if needed. This arrangement aims to prevent mismanagement and safeguard the interests of those owed money, which is why creditors may ask the SEC to appoint them as trustee.

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